Collector's Club

Terms and conditions of use of the Art Work Circle website

These general terms and conditions of use constitute version no. 1 dated 1 December 2015.

0. PREAMBLE
Engineered Experience S.A. (hereinafter referred to as the "Company"), established and having its registered office at L-2430 Luxembourg, 34 rue Michel Rodange, registered with the Luxembourg Trade and Companies Register under number B 175607, represented by its manager currently in office, is the owner and operator of the site. www.artworkcircle.lu (hereinafter referred to as the "Site"), which is a platform for the promotion of artists and the presentation of their artistic works, enabling them to exhibit their works online to the public so that interested third parties may be put in contact, via the Company Site, with the artists exhibiting on the Site, with a view to purchasing the works of art offered for sale by the artists. These Terms and Conditions set out the general conditions of use of the Site (hereinafter referred to as the "GCU").

1. DEFINITIONS
In the GTCU, the following terms have the meanings set out herein, whether used in the singular or plural, unless expressly stated otherwise:

  • "Artist: artists who have duly commissioned the Company to put their work online on the Site.
  • "GTCU" : the present document deemed accepted by the Users of the Site.
  • "Account : any user account created following registration on the Site and containing personal identification information enabling the Site's Services to be delivered to the User.
  • "Content: all texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, illustrations, computer codes on the Site and information contained in the Site's databases.
  • "Works : works of art by the Artists referenced on the Site and offered for sale by the Artists, which after sale agreed in the general terms and conditions of purchase, are delivered within the territory of the European Union.
  • "Site" : the art promotion platform website accessible at www.artworkcircle.lu containing all the web pages, products and services offered to the User and written in French.
  • "Services : the services offered by the Site (creation of an Account, posting of advertisements for the sale of works of art by Artists, receipt of payment for works of art purchased by the User, organisation of deliveries).
  • "Company: Engineered Experience S.A., established and having its registered office at L-2430 Luxembourg, 34 rue Michel Rodange, registered with the Luxembourg Trade and Companies Register under number B 175607, owner and operator of the Site.

"User" :  any legal or natural person, artist or potential customer, buyer, seller or visitor, who accesses or browses the Site by any means whatsoever, or who uses the Services offered by the Site, or who opens a User Account on the Site.

2. GENERAL
The Company's role is limited to making its Site freely available to Users and providing other services to Users of the Site. Sales contracts are concluded exclusively between the Users of the Site and the Artists, without the Company acting, in any capacity whatsoever, as agent for the Artists. Users acknowledge and accept that the Company acts solely as an intermediary between the Users of the Site and the Artists and that it acts neither as a buyer nor as a seller of the Works.

3. SUBJECT
These GCU apply to the site www.artworkcircle.lu and all associated sites linked to www.artworkcircle.lu. These GCU set out the terms and conditions under which the Site is made available to Users and the terms and conditions of use of the Services by Users of the Site.

4. ACCESS TO THE SITE
Access to the Site is made possible by entering the relevant address from a computer connected to the Internet, without the Company being responsible for verifying the legality of the aforementioned connection, and is reserved for legal entities and individuals who, in accordance with the laws applicable to them, in particular the laws relating to legal personality and legal capacity, are legally capable of entering into valid commitments and of accepting these GCU and undertaking to comply with them. Individuals who have not reached the age of majority in accordance with the laws of their country of habitual residence are prohibited from accessing and using the Site. The Company reserves the right to modify, suspend or block, without prior notice and at any time, the operation of or access to all or part of the Site, for any reason whatsoever, and to interrupt the operation of all or part of the Site, for the purposes of periodic maintenance, error correction or modifications.

5. ACCEPTANCE
Accessing, browsing, creating an Account or using the Site in any way whatsoever implies immediate and unreserved acceptance of the GCU by the User. In the event of disagreement with these GCU, the User must delete his/her Account and no longer access the Site and Services.

6. USE OF THE SITE
Users are not authorised to, and shall refrain from, using any means whatsoever for any purpose whatsoever:

  • use any automatic device, program, algorithm or other method, including but not limited to "data mining", "deep linking", "page scraping", "robot" or "spider", or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Site or the Content;
  • reproduce or circumvent the structure of the Site or the presentation of the Site or its Content;
  • obtaining or attempting to obtain any data, documents or information contained, whether visible or not, on the Site;
  • illegally access any section or functionality of the Site, or any other system or network connected to the Site or to a Company server, or the services offered on or via the Site, by hacking, password sniffing or any other illegitimate means;
  • probe, analyse or test the vulnerability of the Site or any network connected to the Site, or breach the security and authentication measures implemented on the Site or networks connected to the Site;
  • to reverse-engineer, trace or attempt to trace information about other Users or visitors to the Site, or other customers of the Company, including any Account of which the User is not the holder or source, or to exploit the Site or the services or information made available or offered on or via the Site, in any manner or for any purpose whatsoever, including using personal identifying information or information other than the User's own information as it appears on the Site;
  • forge the headings and trademarks indicated on the Site or manipulate the identifiers in any way whatsoever to disguise the origin of a message or transmission sent to Société on or via the Site, or of a service offered on or via the Site;
  • use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site or the use of the Site by any other person;
  • using the Site or Services in a manner that is contrary to public decency or likely to shock or offend the sensibilities of certain categories of people. The use of names, words, advertisements, publications or references that are false or racist, discriminatory, abusive, ethnic, religious, political, sexual or pornographic in nature is prohibited, as are names, words, advertisements, publications or references that allude to substances prohibited by Luxembourg law or that infringe copyright or any other intellectual property rights;
  • use the Site or its Content for any purpose that is unlawful or prohibited by these TOS, or to encourage any illegal activity or other activity that infringes the rights of the Company or third parties;
  • to browse and use the Site for any purpose other than viewing the offers for sale of the Works and possibly acquiring ownership of them by creating an Account and using the Site's services.

Users undertake not to take any action that would impose an excessive or unreasonable load on the infrastructure of the Site or of the Company's systems or networks, or of any system or network connected to the Site or to the Company. Users undertake to comply with the GCU.

7. LINKS TO THIRD PARTY SITES
In the event that links are created with other sites, the Company has no control over the content of the sites linked to the Site. Therefore, by clicking on certain hypertext links, you leave this Site. Users who decide to access a third-party site via hypertext links do so at their own risk. The Company cannot be held responsible in any way for the content presented on other Internet sites over which the Company has no control, either in terms of their legality or the accuracy of the information they contain, or for any direct or indirect damage that may result from their consultation or use. The Company declares that no hypertext link to this Site has been established without the prior written authorisation of the Company.

8. THE USER ACCOUNT

  • 8.1 General information

Access to the Services offered by the Site is subject to prior acceptance of the GCU and the creation of an Account by registering on the Site. To be able to create an Account, the User must be a fully capable legal entity or natural person able to enter into valid legal commitments. Individuals under the age of legal majority may not create an Account. The Account is access to the Site made available to the User by the Company using personal authentication data via a secure process. The Account remains the property of the Company. As long as the User does not breach these GCU, the Company grants the User a limited, non-exclusive and non-transferable personal right to access the Site and to use the Site and the services made available from the Site.

  • 8.2 Creating an Account

When creating an Account, the User undertakes, in addition to respecting the Use of the Site, to :

  • provide accurate, verifiable, complete and up-to-date personal information and a valid personal e-mail address;
  • not to create Accounts automatically and/or with a false or fraudulent identity, which is strictly forbidden;
  • the creation and use of a single Account to use the Site's Services;
  • not to use a pseudonym and/or identifier (e-mail address) that is contrary to accepted standards of behaviour or that is likely to shock or offend the sensibilities of certain categories of people. The use of names, words or references of a racist, discriminatory, abusive, ethnic, religious, political, sexual or pornographic nature is explicitly prohibited. The same applies to words, names or references which allude to substances prohibited by Luxembourg law or which resemble or imitate a registered trademark or any other term protected by copyright.

In all cases, compliance or non-compliance with these rules is at the Company's discretion. To open a User Account, the User must enter the following mandatory information:

  • Company name or form ;
  • Full name or company name ;
  • Date of birth or incorporation ;
  • Postal address for invoicing and delivery ;
  • Telephone number ;
  • Valid personal e-mail address ;
  • Password ;
  • Confirm password ;
  • The reason for visiting the site (for the Company's information).

In order to validate this information and the creation of his/her Account, the User must tick a "continue" box which takes him/her to a web page specifying the Site's GTUs. At the end of this page, the User must click on an "Acceptance of GTUs" box in order to confirm that he/she has read and accepted these GTUs without reservation and undertakes to respect them, thereby validating the creation of his/her Account.

  • 8.3 Account security and confidentiality

In order to guarantee the security of the Account, the User undertakes to :

  • not to give a third party access to their Account. The loan, sharing, exchange, donation, purchase, transfer or sale of an Account is prohibited. Any loan, sharing, exchange, gift, purchase, transfer or sale of an Account will not be binding on the Company;
  • take all necessary measures to prevent any third party from becoming aware of its login and password or from accessing its Account by any other means, even without its knowledge;
  • not to use the Account of another User;
  • not to disseminate or allow others to disseminate his or her login name and/or Account password;
  • use a personal e-mail address and do not share this e-mail address.

The User undertakes to notify the Company immediately in the event of use or suspected unauthorised use of his/her Account or in the event of any other breach of the security rules specified above. In all cases, notwithstanding the aforementioned obligation to notify, the User declares that he/she is solely liable to the Company for any use of his/her Account by a third party and for any direct or indirect damage suffered by the Company or by another User of the Site as a result.

  • 8.4 Use of the Account

The User undertakes to use the Account and the Services offered by the Site in good faith, with fair and non-deceptive behaviour towards the Company, third parties and other Users. Any use of the Account contrary to the GCU is prohibited. The Company reserves the right to suspend or delete, in whole or in part, temporarily or permanently, the accesses and/or User Accounts of Users who fail to comply with these GCU and for any purposes of updating or maintaining the Site.

9. NEWSLETTER
Users who do not have an Account or who have an Account on the Site may voluntarily subscribe to the Site's newsletter, which will keep them regularly informed of new Works offered for sale via the Site and of Site news.

10. INTELLECTUAL PROPERTY
The Content of the Site or made accessible via the Site, such as the design, structure, selection, coordination, expression, presentation and arrangement of this Content, appearing on the Site is the property of the Company, and is protected by Luxembourg and international legislation on intellectual property, copyright, patents and trademarks, the protection of databases and various other applicable laws on intellectual property and competition. No Content from the Site may be copied, reproduced, republished, downloaded, published, publicly displayed, encoded, translated, transmitted or distributed in any way whatsoever on any other computer, server, website or publication or distribution medium, or for any commercial enterprise whatsoever, without the prior written consent of the Company. The Content and any information contained in the Site's databases are the property of the Company. Consultation and use of these databases in no way entails the transfer of ownership rights to the databases and information contained therein to the User.

11. PERSONAL DATA AND CONFIDENTIALITY

  • 11.1 Personal data

The User acknowledges and accepts that, notwithstanding the security measures taken by the Company to protect its Site, communication and transmission of data via the Internet are never totally confidential and secure and that any communication or transmission of data could be read or intercepted by third parties. The Company declares that it complies with the legal provisions in force relating to the protection of personal data, including the amended law of 2 August 2002 relating to the protection of individuals with regard to the processing of personal data and the amended law of 30 May 2005 relating to specific provisions for the protection of individuals with regard to the processing of personal data in the electronic communications sector. Personal data transmitted by Users will be processed exclusively for the purpose of providing the Services offered by the Company via the Site and for any commercial purpose by the Company in relation to the User. The Company informs the User, who accepts, that the Company reserves the right to subcontract the processing of the User's personal data in strict compliance with the relevant legal provisions and without further notice to the User. In accordance with the amended law of 2 August 2002 on the protection of individuals with regard to the processing of personal data, all Users have the right to access, modify, rectify and delete their personal data. To exercise this right, Users should contact the Company, which is responsible for processing the personal data of Users who have created an Account on the Site. The Company undertakes not to divulge the information in its possession to any other company or business offering similar services, except in the context of subcontracting the processing of personal data and in compliance with legislative provisions.

  • 11.2 Confidentiality

Users' personal data and information relating to transactions carried out by Users are confidential and will not be sold or passed on by the Company to third parties, unless required by law. The Company reserves the right to disclose any information relating to Users and to transactions carried out on the Site by Users in the context of any dispute, criminal complaint or legal proceeding that has arisen or may arise in connection with these GTC, the use of the Site or the Services offered by the Site. The Company also reserves the right, at any time, to disclose any information it deems necessary to comply with any law, regulation, legal process or government request.

  • 11.3 Third parties and exceptions

The Company reserves the right to use third-party service providers who will use the User's personal data in the name and on behalf of the Company, in order to carry out all tasks necessary for the provision of the Services, the delivery of the Works, the processing of User payments, and to combat fraud.

  • 11.4 Cookies

The purpose of this article is to provide the User with information about the cookies used on the Site and their functions. Cookies are small files sent by a web server consulted by the User and stored on the User's computer hard drive. The purpose of cookies is to perform the following functions:

  • to ensure that the User can browse the Site and use its potential, such as, for example, accessing the secure parts of certain pages. These cookies are only used in these essential parts of the Site. Cookies in this category are not normally permanent, unless absolutely necessary.
  • the User's preferences, such as language preferences. It also enables the User to benefit from an improved and more personalised use of the site.
  • collect data relating to User behaviour. This information is used to produce reports with a view to improving the Site. The data is collected anonymously.
  • to deliver advertising in line with the User's interests. These cookies may also be used to measure the effectiveness of an advertising campaign, which the User is confronted with when visiting certain specific pages.
  • 11.5 Cookie management

The main purpose of the cookies used by the Site is to improve the browsing experience of Site Users. The Company strives to respect and protect the User's privacy. Cookies are used by the Company in compliance with the applicable legal provisions. On the first visit to the Site, a pop-up message appears on the screen informing the User of the existence of cookies and giving him/her the option of continuing without deactivating the cookies, leaving the Site or continuing by deactivating all or some of the cookies. By continuing their visit without choosing one of these options or by ticking the "continue without deactivating cookies" box, Users accept that cookies may be installed on their computer. The User accepts that the Company may access and store the data collected by cookies. This storage or access to information constitutes the processing of personal data for the purposes set out in this article and in the rules on privacy and the protection of personal data. Users may withdraw their consent at any time, free of charge, by deactivating cookies. In accordance with the protection of privacy and personal data, the User has the right at any time to access and rectify data concerning him/her collected by cookies. They also have the right to object, free of charge, to any processing of this data for the purpose of promoting products and services, by simply sending a written request to the data controller referred to in clause 11.1 above. The request must be signed, dated and accompanied by a copy of the User's identity card.

12. SITE SECURITY
The Company gives no guarantee as to the security of the Website, the security of the Account, or as to any viruses or computer fraud to which the User may fall victim as a result of using the Website. The User is fully aware that use of the Site is at his/her own risk and that use of the Internet may result in uncontrolled damage.

13. INFORMATION AND ANNOUNCEMENTS ON THE SITE
Users acknowledge that the information provided on this Site is of a purely indicative nature and is published without any commitment as to its existing, exhaustive, precise and current nature. The Artists are entirely responsible for the information published on the Site. The Artists undertake to publish information, prices and advertisements that :

  • do not involve counterfeit or stolen goods;
  • does not harm the interests, reputation or image of the Company;
  • do not contain any defamatory or insulting allegations, or allegations that may offend the sensibilities of certain categories of people;
  • are not unlawful, contrary to the principle of fairness, decency, human dignity, public order or accepted principles of morality;

Any activity, information, offer or content that is unlawful or in breach of this provision, published by a User on the Site, must be immediately reported to the Company. The Company reserves the right to modify, rectify and delete information, prices and advertisements that violate this provision.

14. EXCLUSION AND LIMITATION OF LIABILITY
The Company acts solely as a service provider and intermediary between Users of the Site. Under no circumstances may the Company be held liable for the non-performance of Users' obligations in connection with the sale, purchase, rental or other agreements relating to works of art, which agreements are entered into exclusively between Users of the Site to the exclusion of the Company. With respect to both Users and Artists, the Company disclaims all liability and guarantees of any kind as to the accuracy, non-infringement or marketability of the works of art offered on the Site. The Company cannot be held responsible for the information and content put online by Users of the Services offered by the Site. The Company has no obligation to control or monitor the information and content published on the Site. The User is solely responsible for the use of the Site and may not hold the Company liable for any direct or indirect damage whatsoever resulting from access, browsing, use of the Site or use of the Services offered by the Site, including the loss or alteration of files and data stored on the User's computer or on any medium connected thereto or inserted therein. Nor does the Company guarantee that the Site or its Content or the Services and functionalities of the Site will be error-free or accessible in an uninterrupted manner, that any defects will be corrected, or that use of the Site will produce specific results. The Company cannot guarantee that the files and data that may be downloaded or consulted from the site will be free of viruses or other malicious programmes or functions. The Company also declines all responsibility with regard to the acts, omissions or behaviour of Users or third parties in connection with or associated with the use of the Site. Nor can the Company be held liable for any damage caused to Users or to third parties in the event of misappropriation by an unauthorised person of information or data from the Site or of Accounts on the Site. In general, the Company's liability is excluded for damage resulting from the intervention or fault of a third party. The Company's liability is also excluded if the non-performance of its obligations or of the obligations resulting from these GCU results from a case of force majeure or the act of a third party. The Company's liability towards a User is limited to cases of wilful misconduct or gross negligence and to flat-rate compensation including all direct damage suffered by the User as a result, up to a maximum of EUR 5,000, subject to any lower amount corresponding to the actual direct damage suffered by the User.

15. GENERAL PROVISIONS

  • Partial nullity

In the event that one or more provisions of these GCU should be invalid, the other provisions of these GCU shall remain in full force and effect.

  • No waiver

The fact that the Company fails, at any given time, to strictly apply these GCU or to avail itself of a right provided for in the GCU shall not be deemed or interpreted as a waiver of the right to avail itself of that right or provision.

  • Modifications to the GCU

The GTCU in force are those available on the Site, subject to subsequent modifications. The Company reserves the right, at its sole discretion and at any time, to change, modify, add to or delete parts of these GCU. It is the User's responsibility to check the GTCU periodically to see if any changes have been made. Use of the Site by the User after publication of the amended GTUs implies acceptance of the said amendments. Modifications to the GTUs may be announced by e-mail to all Users for information purposes, so that they can be consulted before they are updated.

  • Jurisdiction and applicable law

Any dispute which arises or may arise concerning the validity, acceptance, performance and interpretation of these GCU shall be subject to the exclusive jurisdiction of the courts of Luxembourg City. These terms and conditions are governed by Luxembourg law.